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Friday, March 29, 2013

Florida v. Jardines

Florida v. Jardines (argued before the U.S. Supreme Court) resulted in a huge drug law/criminal defense/protection of our civil liberties victory todayJustice Scalia upheld the Florida Supreme Court's decision holding that a dog sniff on private property implicates the fourth amendment. 

The basic premise is this: The Police took a drug-sniffing dog to Jardines’ front porch, where the dog gave a positive alert for narcotics. Based on the alert, the officers obtained a warrant for a search, which revealed marijuana plants; Jardines was charged with trafficking in cannabis. The Supreme Court of Florida approved the trial court’s decision to suppress the evidence, holding that the officers had engaged in a Fourth Amendment search unsupported by probable cause.  The US Supreme Court thereafter upheld the decision of the Florida Supreme Court.

What does this mean?: The 'curtilage' around one's house is entitled to the same protection as one's home.  The police may still approach one's property in order to speak to you, but a search with a drug dog exceeds the permitted social norm and is therefore, a search.

Such situations require the experience of a criminal defense attorney.  Should you find yourself in a like situation, contact a lawyer immediately.


Tuesday, March 26, 2013

Supreme Court Hears Equal Protection Argument for and Against Gay Marriage

While this blog is predominantly focused on criminal litigation, today the U.S. Supreme Court in Hollingsworth v. Perry will hear argument for and against Gay Marriage.

The question before the Court is whether the "Equal Protection Clause of the Fourteenth Amendment prohibits the State of California from defining marriage as the union of a man and a woman."  This should be an exciting day in the Supreme Court.  Thereafter, on Wednesday the Court will hear argument in US v. Windsor in order to determine whether section three of the Defense of Marriage Act violates the fifth amendment's equal protection of law guarantees.

Both of these issues are fundamental in determining where gay rights will proceed hereafter.  Decisions can be found on the Supreme Court Website here.

As always, should your rights be violated contact us. 

Wednesday, March 13, 2013

Criminal Court Hearing Dates and Clerk Services

www.themiamidefender.com
Most recently I had an issue arise with a client concerning a hearing date which was listed on the clerk's docket, but we (the state attorney and myself) had already addressed.

What do you do in this situation if you think your case has been resolved however the court's docket is not reflecting the same?

You contact your attorney.  The attorney will likely get in touch with the ASA (assistant state attorney) on the file and will attend the hearing (likely arranging for your lack of presence before the court) and prevent a larger problem from potentially occurring down the road.

Think of the converse scenario: you do nothing about it.  What will happen.  Perhaps nothing will happen because the judge recalls that your case was disposed of.  However, perhaps he or she (through the course of 1000s of names and faces every day) will forget that you were ever there and will issue a bench warrant for your arrest.  Perhaps even worse you are charged with violating your probation and put back in jail until such time as the court can sort the issue out.

Better safe than sorry.  Call your attorney.  If you do not have counsel or have been charged with a criminal matter, contact our offices: The Law Office of Robert J. Lee, P.A. at 305-322-9971.

Tuesday, March 5, 2013

MIRANDA WAIVER

You may or may not be following the Dennis Escobar trial involving the shooting of a Miami Dade Police Officer during a traffic stop back in 1988, but if you are you know that a significant ruling was pronounced concerning Miranda Waiver.

Almost everyone knows that they have a right to remain silent.  What they don't know, as Mr. Escobar apparently did not either back in 1988, is that you can invoke your right to remain silent and thereafter, retract that invocation.

What does that mean to you?  That means you need not say ANYTHING to the police after you invoke your right to remain silent.  If you want an attorney, ask for one and STICK TO it.  Do not volunteer a statement later on (even after invoking your right to remain silent) as by reengaging the police or investigators you may have effectively waived your right to council.


If you are in need of defense council, do not hesitate to contact our office at 305-322-9971.  We now have two locations in Downtown Miami and Coral Gables to better serve your needs.  You may also visit our website at www.themiamidefender.com for additional information.

If you want to read more about the Escobar trial, follow the link below.

Judge: Jurors can hear about confession in killing of Miami officer - Miami-Dade - MiamiHerald.com